Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 1028-1046 |
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Saeidi M, Jokar S M, Gharibpour M. An Analysis of the Differential Criminal Policy for Children and Teenagers. MLJ 2025; 19 (60) :1028-1046
URL: http://ijmedicallaw.ir/article-1-1893-en.html
URL: http://ijmedicallaw.ir/article-1-1893-en.html
1- Department of Theology, Faculty of Humanities, Yasuj University, Yasuj, Iran.
Abstract:
Background and Aim: The phenomenon of buying and selling children is a social harm that is affected by various factors and its eradication requires the cooperation of various agencies. However, in the meantime, the establishment of efficient and appropriate laws and the proportionality of punishment to the crime committed have a special place. Because children are exposed to great vulnerability, it is necessary for the legislator to support them in the form of a differentiated policy. This policy has been adopted in domestic laws in the form of special criminalizations or increased punishment for crimes committed against children. Despite the adoption of domestic laws to combat the sale of children influenced by international documents, there are still many gaps and gaps to reach the desired level. The purpose of this research is to identify legal deficiencies in the field of the crime of buying and selling children and adolescents.
Method: The research method of this study is descriptive-analytical and the method of collecting information is library studies and research.
Ethical Considerations: This article has fully adhered to the principles of ethics, honesty, trustworthiness, authors' rights and material and intellectual property.
Results: The findings of the present study are based on the fact that in the existing laws on the purchase and sale of children and adolescents and since the prescribed punishments have not been effective, it is possible to consider the punishment of amputation of the hand, which is derived from reliable narrations in terms of implication and evidence, for this crime, which entails respect for the personality and dignity of the human being, with the help of jurisprudence, which is one of the sources of law.
Conclusion: Although the differentiated criminal policy regarding child victimization is a fundamental step in defending this group, it is still far from achieving the desired result, including the fact that there is no proportionality between the crime of buying and selling children and adolescents and the punishment determined in the law and this factor can facilitate the commission of the crime. In Iran's criminal policy, a systematic approach to protecting children and adolescents in a comprehensive and preventive manner has not been adopted, so that the buying and selling of children is carried out in the shadow of existing legal gaps. Therefore, the existing laws need to be amended and revised. The country's criminal policy, while considering the appropriate fight against perpetrators of crimes against children, especially their buying and selling, should move towards protective approaches and prioritize the cultural, social and economic causes and contexts of the crime of child trafficking.
Please cite this article as:
Saeidi M, Jokar SM, Gharibpour M. An Analysis of the Differential Criminal Policy for Children and Teenagers. Medical Law Journal. 2025; 19: e68.
Method: The research method of this study is descriptive-analytical and the method of collecting information is library studies and research.
Ethical Considerations: This article has fully adhered to the principles of ethics, honesty, trustworthiness, authors' rights and material and intellectual property.
Results: The findings of the present study are based on the fact that in the existing laws on the purchase and sale of children and adolescents and since the prescribed punishments have not been effective, it is possible to consider the punishment of amputation of the hand, which is derived from reliable narrations in terms of implication and evidence, for this crime, which entails respect for the personality and dignity of the human being, with the help of jurisprudence, which is one of the sources of law.
Conclusion: Although the differentiated criminal policy regarding child victimization is a fundamental step in defending this group, it is still far from achieving the desired result, including the fact that there is no proportionality between the crime of buying and selling children and adolescents and the punishment determined in the law and this factor can facilitate the commission of the crime. In Iran's criminal policy, a systematic approach to protecting children and adolescents in a comprehensive and preventive manner has not been adopted, so that the buying and selling of children is carried out in the shadow of existing legal gaps. Therefore, the existing laws need to be amended and revised. The country's criminal policy, while considering the appropriate fight against perpetrators of crimes against children, especially their buying and selling, should move towards protective approaches and prioritize the cultural, social and economic causes and contexts of the crime of child trafficking.
Please cite this article as:
Saeidi M, Jokar SM, Gharibpour M. An Analysis of the Differential Criminal Policy for Children and Teenagers. Medical Law Journal. 2025; 19: e68.
Keywords: Differential Criminal Policy, Child and Juvenile Delinquency, Criminal Policymaking, Criticism of Policymaking
Type of Study: Original Article |
Received: 2024/10/17 | Accepted: 2025/01/4
Received: 2024/10/17 | Accepted: 2025/01/4
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